McCord v. Smith
California Court of Appeal
51 Cal. App. 5th 358 (2020)
- Written by Jamie Milne, JD
Facts
Celeste Smith (plaintiff) told her domestic partner and fiancé Keith McCord (defendant) that she was breaking up with him. When attempts to verbally change Smith’s mind were unsuccessful, McCord restrained her on the bed with a hand over her mouth. Upon being released, Smith ran outside but did not call the police. Despite the breakup, McCord continued to contact Smith, sent her flowers, showed up at her house, work, and church, and bruised her wrist. At one point, McCord also sent Smith a photo of her nursing license with a text suggesting she should not fight with McCord. Ultimately, as the volatile breakup continued, Smith and McCord filed separate requests for a domestic-violence restraining order (DVRO) against each other. The trial court granted Smith’s request but denied McCord’s request, prompting McCord to appeal.
Rule of Law
Issue
Holding and Reasoning (Fybel, J.)
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